New workplace fairness Bill proposed to protect S’pore workers against discrimination

A new workplace fairness Bill to protect workers against workplace discrimination was introduced in Parliament on Nov 12, with provisions to tackle discriminatory practices in hiring, dismissals and appraisals.

The proposed legislation is split into two parts: The first Bill outlines principles in protecting workers, the processes for dispute resolution and the levers to address breaches. It was introduced in Parliament by Manpower Minister Tan See Leng. The second Bill will spell out claims procedures and requires amendments to the Employment Claims Act. It will be tabled in 2025.

The Ministry of Manpower (MOM) is introducing the legislation in two phases instead of one to give employers more time to prepare, it said in a media factsheet.

If passed, both Bills are expected to take effect concurrently in 2026 or 2027. When enacted, the legislation aims to reinforce fair and merit-based practices as workplace norms, bolster protection for employees and create a safer environment for employees to bring up bias grievances, MOM added in the factsheet.

The proposed legislation sets out corrective action against errant employers, making clear that employment decisions, such as in hiring, firing and appraisals, based on five groups of characteristics are unlawful.

Such characteristics are nationality, age, sex, marital status, pregnancy status and caregiving responsibilities, as well as race, religion, language, disability and mental health conditions.

These characteristics account for 95 per cent of workplace discrimination complaints made to MOM and the Tripartite Alliance for Fair and Progressive Employment Practices.

For the first time, too, employers will be subject to punitive action for serious breaches. This includes fines and civil lawsuits filed by MOM where the courts can impose higher financial penalties on errant employers.

When the legislation is passed, Singapore will join countries such as the UK and US, and the European Union, which have laws against workplace discriminatory behaviours.

In a nod to business flexibility, the proposed legislation allows employers to specify preferred traits in workers for job needs, such as hiring only female masseuses for a female clientele or an interpretation company hiring speakers of specific languages.

It also exempts religious groups.

Employment practices that support national objectives are permitted. For example, actions that favour disabled workers, local workers, or those aged 55 and above will not be considered discriminatory.

Businesses with fewer than 25 workers will be excluded for five years after the legislation comes into effect. This is in response to the Singapore National Employers Federation (SNEF) urging that more time be given to these smaller companies.

In preparation for the proposed legislation, SNEF said it would provide guidance, advice and guidelines to companies that require help in setting up the grievance handling process. The National Trades Union Congress (NTUC) will also train union leaders so that workers and employers have the same level of understanding of the new legislation.

The proposed legislation has not taken in suggestions to include traits such as gender orientation, criminal history, or to make mandatory disabled-friendly workplaces. MOM had said in 2023 that imposing wide legal obligations on employers may lead to a more litigious workplace culture.

Under the proposed legislation, employers will have to set up grievance-handling processes and inform employees about the procedures. Upon receiving a complaint, employers must conduct inquiries, document the process and communicate the outcome to the aggrieved employee, whose confidentiality must also be assured.

The legislation will prohibit retaliation – such as dismissals, salary deductions or harassment – against staff who report workplace discrimination.

Workers who experience discriminatory treatment could file for claims of up to $20,000, or $30,000 if they are union members.

Workers who take employers to court frivolously could have their cases struck out or be ordered to pay costs of up to $5,000, and be subject to employers’ disciplinary action, said MOM.

The proposed legislation aims to entrench existing workplace norms and strengthen protection, the ministry added.

It is meant to complement, not replace, the Tripartite Guidelines on Fair Employment Practices introduced in 2007. Most employers are compliant with current guidelines, MOM noted.

Education, rather than legislation, remains key to sustain fair employment practices, said the ministry and its tripartite partners, SNEF and NTUC. Pointing to MOM’s Fair Employment Practices 2023 report, NTUC said years of tripartite efforts to tackle unfair practices have made an impact.

The report showed that discriminatory cases against workers fell from 24 per cent in 2018 to 6 per cent in 2023. Among job seekers, this slid from 43 per cent to 23 per cent in the same period.

In response to the tabling of the Bill, NTUC said: “The legislation, if passed, will strengthen processes for resolving grievances of workplace discrimination and harassment at the firm level.”

SNEF welcomed the targeted approach of the proposed penalties.

“It is better than what we have today, mostly restriction or restraint of work-pass privileges, which is a rather blunt tool,” its spokesman told journalists at a media briefing on Nov 11.   

Source: Straits Times © SPH Media Limited. Permission required for reproduction.

Workplace Fairness Bill (Bill 50 of 2024)

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